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Legal Profession

Fall 2019 (Tuesday and Thursday 6:00-7:15)

Adjunct Professor - J.P. Moore

Email: jpmoore303@

Objective:

This class will involve analysis and application of applicable rules and comments regarding attorney conduct. However, this course is aimed to engage students in thought beyond baselines and rule compliance. We will regularly consider what being a “professional lawyer” means. This course is intended to be practical, interactive, and fun.

The American Bar Association Model Rules of Professional Conduct will provide the central framework for this class. As we proceed through the semester we will highlight specific Colorado case law and certain differences between the Model Rules and the Colorado Rules of Professional Conduct.

We will also regularly return to the question of “why” rules exist and “how to” apply rules to practice. This process will include projects that emphasize the importance of effective communication, both verbal and written, in different settings. This class will emphasize professionalism.

Finally, we will touch not only on the history of the practice of law, but also current information about attorney regulation in Colorado and tools that are available for lawyers (and law students) – such as the Colorado Lawyer Self-Assessment and the Report from the National Task Force on Lawyer Well-being.

Grading structure

Grading for this course will be divided into four parts.

20% Participation and Attitude. I expect you will attend class with a positive attitude and ready to learn. I expect you to be constructive with classmates. Feel free to bring food or drinks to class. Be comfortable…while being constructive and professional. Classes will begin promptly at 6:00 p.m.

Each student will start the semester with 10 points in this category. Each month students will have the opportunity to earn additional points. Students can end the semester with up to 20 points. Consideration will be given to involvement, professionalism and excellence in answers. Attendance (and timeliness) will be taken each class and will be factored into the involvement grade. Students are required to attend a minimum of 80% of the classes during the semester.

20% In-Class Exercises. Each student will be asked to serve in the role of ethics counsel on at least one occasion and provide guidance to J.J. Lawyer – our beloved fictional lawyer - who repeatedly wants to retain our students to be his mock ethics counsel. These consultations will last approximately 20 minutes. Many of the ethical issues will arise from the attached working fact pattern. It is therefore important that all students have familiarized themselves with the working fact pattern by the beginning of the second class. Students will work in teams of two during these exercises and these exercises will start most classes. There will be certain classes during which there will be no in-class exercises. These exercises provide an opportunity to practice how to speak with another person (potential client), who is seeking advice, as well as an opportunity to analyze situations based on the reading assignment. These exercises also provide an opportunity to work on a team. Assignments will be made during the first class and will begin during the second class. Students may trade with another student, but must notify the adjunct professor of the trade, in advance of the class, and confirm the trade with an email to the adjunct professor and the other students involved in the trade. Students may earn up to 20 points for these exercises. Students may earn 9 points for level of preparation and content of answers. Students may earn 9 points for professionalism and presentation. Students may earn 2 points for team work.

20% Writing Assignment. Each student will be responsible for drafting a one-page fee agreement. I will distribute further instructions for this assignment on or after September 26. This assignment will be due on November 8, 2019. Students may earn up to 20 points for this assignment. Students may earn 10 points for content and thoughtfulness. Students may earn 7 points for clarity (including compliance with assignment rules). Students may earn 3 points for following assignment rules.

40% Final Examination. This will be a 50-question closed-book multiple choice examination.

ADA Compliance

If you have a disability/medical issue protected under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act and need to request accommodations, please visit the Disability Services Program website at du.edu/disability/dsp. You may also call (303) 871-2372, or visit in person on the 4th floor of Ruffalo Hall, 1999 E. Evans Ave. .

Class Book – American Bar Association, Center for Professional Responsibility. (2019) Annotated Model Rules of Professional Conduct – 9th Edition. (“AMPC”)

Class Schedule (Please note: This schedule is subject to modification)

August 20: INTRODUCTION TO THE COURSE STRUCTURE; SOME HISTORICAL POINTS ABOUT THE PRACTICE OF LAW; AND SOME GUIDING PRINCIPLES FROM THE COLORADO SUPREME COURT. (Make sure you are able to access the class on Canvas; Preamble and Definitions – AMPC 1-18; Preamble to Chapters 18 to 20 Rules Governing the Practice of Law)

August 22: THE ATTORNEY-CLIENT RELATIONSHIP (1.1/1.3/1.18) – Competence, Diligence, and Duties to Prospective Clients. (AMPC 18-30; 49-56; 307-316)

August 27: THE ATTORNEY-CLIENT RELATIONSHIP – Scope and Objectives of Representation and Advisor (1.2/2.1) (AMPC 31-48; 317-324)

August 29: THE ATTORNEY-CLIENT RELATIONSHIP – Diligence and Communication (1.3 and 1.4) (AMPC 57-69)

September 3: THE ATTORNEY-CLIENT RELATIONSHIP – Confidentiality (1.6/comment 8 to 1.1) (AMPC 103-137)

September 5: CONFLICTS AND COMPLEXITIES IN THE ATTORNEY/CLIENT RELATIONSHIP – Concurrent Conflicts of Interest (1.7) (AMPC 139-160)

September 10: CONFLICTS AND COMPLEXITIES IN THE ATTORNEY/CLIENT RELATIONSHIP – Conflicts of Interest –Current Clients– Special Rules (1.8) (AMPC 161-179)

September 12: CONFLICTS AND COMPLEXITIES IN THE ATTORNEY/CLIENT RELATIONSHIP – Duties to Former Clients and Imputation of Conflicts of Interest – (1.9/1.10) (AMPC 181-193; 195-203)

September 17: THE BREAK-UP – Withdrawal, Termination, Return of Property (1.16 & Colo. RPC 1.16A) (AMPC 281-298 & Colo. RPC 1.16A)

September 19: CLIENT WITH DIMINISHED CAPACITY (1.14) (AMPC 251-264)

September 24: MONEY – Fees (1.5) (AMPC 73-102 & Colo. RPC 1.5)

September 26: PROTECTING THE MONEY – Safekeeping Property and Bank Accounts (1.15 & Colo. RPC 1.15A-E) (AMPC 265-280 & Colo. RPC 1.15A-1.15E)

October 1: DUTIES – Candor Toward the Tribunal (3.3) (AMPC 361-378)

October 3: DUTIES – Fairness to Opposing Party and Counsel (3.4) (AMPC 379-391)

October 8: DUTIES – AS AN OFFICER OF THE COURT AND ADVOCATE (3.1/3.2/3.7) (AMPC 345-359; 415-426)

October 10: DUTIES – AS AN OFFICER OF THE COURT AND ADVOCATE (3.5/3.6) (AMPC 393-413)

October 15: DUTIES – TO THIRD PARTIES (4.2-4.4 and Colo. RPC 4.5) (AMPC 453-496 & Colo. RPC 4.5)

October 17: DUTIES – Truthfulness in Statements to Others and Conduct involving Dishonesty, Fraud, Deceit, or Misrepresentation – (4.1/8.4(c) & Colo. RPC 8.4(c)) (AMPC 443-451; 714-727 & Colo. RPC 8.4(c))

October 22: – SPECIAL RULES – Prosecutors; Successive Governmental and Private Employment – (3.8/1.11) (AMPC 427-438; 205-220)

October 24: – SPECIAL RULES – Organization as Client (1.13) (AMPC 231-249)

October 29: DUTIES REGARDING SUPERVISION/BEING SUPERVISED (5.1/5.2/5.3) (AMPC 497-519)

October 31: – DUTIES REGARDING NONLAWYERS – Professional Independence of a Lawyer and Unauthorized Practice of Law (5.4/5.5) (AMPC 521-558 and Colo. RPC 5.5)

November 5: – ADVERTISING AND THE WORLD OF SOCIAL MEDIA – The “What” (7.1 and Colo. RPC 7.1, 7.4 & 7.5) (AMPC 615-634)

November 7: – ADVERTISING AND THE WORLD OF SOCIAL MEDIA – The “How” (7.2/ 7.3 and Colo. RPC 7.2 and 7.3) (AMPC 635-662)

November 12: MISCELLEANOUS CONDUCT – Judicial and Legal Officials, Reporting Professional Misconduct, Suggesting Ability to Influence Governmental Officials Improperly, Assisting Judicial Misconduct (8.2/8.3/8.4(e)/8.4(f)) (AMPC 685-702; 741-742)

November 14: MISCELLEANEOUS CONDUCT – Criminal Conduct and Conduct Prejudicial to the Administration of Justice (8.4(b)/8.4(d)/ 8.4(g) and C.R.C.P. 251.20) (AMPC 707-713; 727-741, 743-744; Colo. RPC 8.4(g) AND C.R.C.P. 251.20)

November 19: ADMISSIONS/OVERVIEW OF THE ATTORNEY REGULATION SYSTEM/DISCIPLINARY AUTHORITY – CHOICE OF LAW –. (8.1/8.5 & C.R.C.P. 208.5-208.7) (AMPC 673-683; 745-753 AND C.R.C.P. 208.5/208.6/208.7) No in-class exercise.

November 21: – GUEST SPEAKER/COLORADO LAWYER SELF-ASSESSMENT/REPORT ON LAWYER WELL-BEING – No in-class exercise.

Working fact pattern

Introduction

Zippy Snow lives in Utopia. On May 26, 2019, Zippy was at the local coffee shop – The Bean of the North. Zippy ordered a grande “Avalanche,” which consists of an extra strong dark roast coffee with a triple shot of espresso.

B.B. Barista was the only person working that day. Barista took Snow’s order and prepared Snow’s drink.

At the Bean of the North There is a generally understood policy that all drinks, unless specified otherwise, are prepared “dragon style.” This style means that the drinks are served extra hot – 201 degrees. Utopia winters are the coldest in the region. The Bean of the North advertises that their drinks are hotter than any rival coffee shop in the State of Utopia.

On the bottom of the coffee cup is a statement that says, “drinks served dragon style should chill for at least 5 minutes or they may boil your brain, thrash your throat, or mangle your mouth.”

This was Snow’s first time in The Bean of the North. Snow did not see the label on the cup and while Snow had heard something about “dragon style,” Snow did not make any separate designations with regard to the order. He ordered only the “Avalanche.”

Barista prepared Snow’s drink. Barista provided no additional information and served the drink to Snow.

Snow did not pause and immediately took a drink of the Avalanche. He took off the lid of the coffee cup and took an extra large gulp. Immediately, Snow began experiencing excruciating pain in the throat area.

Snow was overcome with anger. In Snow’s angered state, Snow took the drink and threw it in the direction of the bathroom. At that precise moment, an elderly customer, Taylor Gecko, came out of the bathroom. The drink splashed all over Taylor’s face and got in Taylor’s eyes.

Snow and Gecko both experienced complications over the next several minutes. Snow’s voice began to deteriorate to the point that Snow was not able to speak. Later in the day, Snow would be treated at the local medical center. It was learned that Snow experienced second-degree burns to the vocal chords. This was particularly problematic as Snow was a singer who had made the finals of a network singing competition – Million Dollar Sound. The finals were to be held in Honolulu, Hawaii the following Saturday. The winner of the competition would receive a $1,000,000 prize. Based on this injury, Snow would be unable to participate.

Gecko also endured injuries. Gecko experienced second-degree burns in the left eye and would forever have blurry vision in that eye.

Snow has come to J.J. Lawyer for advice about three separate issues:

Snow v. The Bean of the North

Snow wants to pursue a cause of action related to the damages that flowed from the burns to the vocal chords. Snow comes to J.J. Lawyer intent on suing The Bean of the North and Barista personally for damages, including for one million dollars due to not being able to perform in the finals of Million Dollar Sound. Snow complains that any warnings were insufficient and that this type of accident was foreseeable.

The Bean of the North has thus far maintained that fault rested with Snow for not reading the warning on the coffee cup, and for the unreasonable manner that he drank the coffee. The Bean of the North further maintains that it was not foreseeable not only that someone would ignore the warnings, but also that someone would take a big drink of coffee like Snow did.

The People of Utopia v. Snow

Gecko reported the event to law enforcement. Law enforcement commenced an investigation and on May 29, 2019 arrested and charged Snow with second-degree assault – recklessly causing serious bodily injury to another person. This crime is a class 4 felony in Utopia, carrying a possible sentence to prison of between 5 and 16 years in prison.

Snow posted bond and is awaiting an initial court appearance the next business day after the intake with J.J. Lawyer.

Snow v. Snow

On May 31, 2019, Zippy’s partner – Spouse Snow – decided to divorce Zippy. Among the claims Spouse is making, Spouse asserts that because Spouse had paid for Zippy’s singing school, ongoing singing lessons, costumes, and travel, Spouse was entitled to reimbursement for those expenses (totaling $99,000) since Zippy would not be able to perform.

This is an emotionally charged matter and neither Snow nor Spouse are likely to budge. Zippy and Spouse also have a child named Corey.

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